Rafferty v. Peacock — 207 N.Y. 645

Majority

p. 645

Gilbert T. Rafferty, Respondent, v. Alexander R. Peacock, Appellant.

Headnote

Rafferty v. Peacock, 153 App. Div. 903 , appeal dismissed.

(Submitted December 9, 1913;

decided December 17, 1913.)

Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 17, 1912, affirming a judgment- in favor of plaintiff entered upon a decision of the court on trial at Special Term in an action to reform a deed.

The motion was made upon the grounds that the appeal was from an unanimous affirmance by the Appellate Division; that permission to appeal had not been

p. 646

obtained, and that no questions were involved which the Court of Appeals had jurisdiction to review.

John O’Leary for motion.

A. Raymond Cornwall opposed.

Motion granted and appeal' dismissed, with costs, and ten dollars costs of motion.